The Research Of Public Security Traffic Management Administrative Enforcement

Administrative coercion of traffic management is an important way of public security traffic management department to keep the traffic safe and in order, by limiting the personal freedom of citizens, and control of property. Standardizing the enforcement of the Public Security Traffic Management exercise and the protection of civil rights is the goal that public security traffic management Administrative Enforcement System has been pursuing. But the fact of the sharp increase in the number of motor vehicles and of the vehicle owners’poor awareness of abiding the traffic laws all challenged administrative coercion of traffic management. In recent years, some extreme cases involving administrative coercion of traffic managements have attracted public’s attention, such as police from Dongying smashed cars when dealing with drunk driving, Shanghai traffic police dragged Mao Sheng Quan to death. These cases revealed many problems existing in administrative coercion of traffic management. This thesis strictly follows the actual cases happened in administrative coercion of traffic management, and explored public security and traffic management system of administrative enforcement from an empirical perspectiveThe author believes that, on the law level, the current policy on administrative coercion of traffic management lacks the rule to restrict engaged person’s behaviors, resulting in limited methods to enforce the policy. On the policy level, unauthorized setting of administrative coercion, the lack of detailed provisions on the upper law, and conflicting with the higher is quite common. Especially even three years after the law of administrative enforcement has unified the setting and then regulating of administrative coercion, these problems still exist, which is worth considering. On the implementation level, as administrative enforcement body of public security and traffic management, the traffic police needs to improve the level of enforcement, as the violation of the procedure of administrative enforcement, administrative enforcement abuse have often occurred, with not punishment. The formality of the fine and the application at the people’s court defined in the public security and traffic management system administration has remained in paper and has been in fact replaced by other means of implementation.This thesis includes four chapters. The first chapter discussed the basic theory of administrative enforcement of public security and traffic management. It defines the public security administrative enforcement of traffic management, analyzes the History of Public Security Traffic Management administrative coercive powers. It then deduces that public security and traffic management and security management are parallel public security administration; and public security and traffic management of administrative enforcement can not based on Security Administration Punishment Law. It then analyzes the principles of Public Security Traffic Management Administrative Enforcement and differences and relations with the public security traffic management of administrative punishment.The second chapter investigated the status of public security and traffic management administrative enforcement. This investigation ranges from the type of setting regulatory documents to whether these regulations are conflict with some aspects of higher law. And It analyzes in more detail in the subpoena, detaining vehicles, collecting, and the enacting of other administrative enforcement.Chapter III, an analysis to the problems and reasons of administrative enforcement of the public security and traffic management. A profound analysis from the Public Security Traffic Management administrative enforcement setting, use coercion, procedures, subject and the reasons of public security and traffic management, and did a penetrating analysis of the public traffic administrative enforcement.Chapter IV, some suggestions on the Public Security Traffic Management administrative enforcement system:First, speed up the public security traffic management clear administrative enforcement of law, establish a standardized system of harmonized mandatory law; The second is with the new revision of the "Administrative procedural law" as an opportunity to strengthen the public security traffic management of compulsory administrative law responsibility and right remedy for the other party; Third is to build a viable and practical legitimate public security and traffic management of administrative enforcement mechanism; Fourth is to increase public security and traffic management technology applications, while reducing mandatory use of administrative coercion.